producer will not let me do this story again. >> that is pretty good. you will need to keep the shaving as superstition because they are successful so far. >> so far it worked. go broncos. >> thank you, everybody. going to be a good game, jon. >> the supreme court hearing a case on executive power that might shape the entire second term for president obama. i am bill hemmer. welcome to hq. >> and i am allyson camerota. the so- called recess opponentments are legal under the constitution and so why is the supreme court involved now? policy editor and host of the power play on fox news.com. chris, great to see you. a lot of presidents named recess appointments. why the supreme court giving

scruti scrutiny. >> it was not a recess. the president was trying to carve out a new authority. the constitution gives the president to make recess appointments when the senate was out of session. that made sense when it was a long rutted trial from philadelphia to georgia. and since then presidents have put nominees that would not get confirmed and it is a loop hole that helped presidents and president obama expanded his authority by appointing people to the national labor relation board while the senate was in session. his lawyers say congress stinks so much that the president has no choice but to put the people in office when he wants them to. >> couple of things. they are performa sessions according to the administration and no actual work was done in the senate, and it was by name

only were they in session and they were not working? >> it was loop hole viloop hole. the senate said don't appoint people without permission and we'll open the session and close. it and the loop hole said if they are in session at all, the constitution doesn't say what the september has to do in the course of the day. the senate used the lop hole. he said i will do what i want. >> i am following your loop hole logic. >> in the beltway a bizarro world. but the bum pull administration said this president obama's nominees are blocked more than any other president in history to an unprecedented level and so they had to use the sneaky device to again other presidents have used because the senate was not bringing his nominees up for a vote. they were obstructing him?

>> being bad at bad at something is not an excuse for doing in controvention of what the constitution said. that is the argument from the bench today. the president, we heard from shannon broem. the president's legal team said the republicans are more awful than the republicans before and the president has no choice but do whatever he wants. the bench said just because he can't reach a deal with the senate while his predecessors were able to do so, doesn't mean he can change the rules to meet his needs. >> what is the political fallout if today, the president loses the case somehow? >> the stakes for the fall elections would go way, way, way up. remember harry reid, majority leader in the senate nuked the super majority that used to be needed to confirm people to

positions and now it is a simple majority you need to get this stuff through after the nuclear option. that means for the business community and everybody who is concerned about the regulations from the obama administration, the need for controlling the senate is super important. on the flip side for the president, if the republicans get the sixth. and the balance of power shifts and the republicans can force the president to make concessions on important issues because otherwise he would hollow out his administration as people left him behind in the lame duck years. >> cries stire wall thank you. >> meebl the supreme court blocked arizona's law that bans most abortions after the 20th week of pregnancy. nine other states have enacted

similar abortion bans starting at 20 weeks or earlier. >> new concerns about a new round of insurance cancellations acting millions of those who get their health plans through small business employers. david, good day to you. what is at stake here? >> bottom line, if you thought the obama cancellations were individual policies you haven't seen nothing yet. once the small group plans get hit, you will hear out cry and screams like bloody murder. we are talking about more people acted. small group plans affect business of 100 employees or less. that affects 40 million individual policy holders. the obama administration said a few million individual policies lost is not that much to cry over. personally if my policy is lost,

i would cry over it. 40 million are impossible to e.g. nor. it is happening already by the way. a lot of letters will be sent out in october. before then it is happening to places like a trucking company in pittsburg, that the article mention, a guy with 38 employees, and he said his policy cancelled and premium went up 40 percent because the obama care laws require insurers to cover things they didn't have to cover before. that costs more money. the department of hhs said in a memo that 80 percent of the small business plans are going to be cancelled. 80 percent. >> 40 million in total? >> 40 million in total. >> and that is a lot of people. >> it sure is. are they forced on the exchanges? >> it is a very interesting

question. they will be forced on the exchanges and the taxpayer is going to pick up their fee, or forced to take catastrophic plans only employed if you have serious illness that last months or years. the thing about catastrophe icplans, the deductible is so high. if you go to the doctor for anything else than a catastrophe illness you payout of pocket. it is an effective increase. and that will hurt. by the way, the administration continues to say it is not 40 million but a small fractions. we are hearing like high mark blue cross and blue shield covering pennsylvania, delaware and west virginia, 99.5 percent of the foif.3 million plans they cover will be affected. >> that is much more effective than the cancellations in 2013?

>> it sure is. all of these notices will be sent out in october. midterm election is in november. >> let me ask you about that. as a business analyst and reporting that you do in fox and before that with the wall street, will it truly be october or could it be august or september? if you are planning as a company, you want to get the plan out there quickly as you can. >> you know, bill, one of the worst things for businesses is not knowing how to it plan. that is indecision hurts a company more than anything else. there is so much indecision about obama care, what will be delayed and what will not. and where will the president intercede on executive orders in going through congress and then, if there is a major sea change because of the november elections how all of that will change obama care. businesses are in a quandary and don't know how to plan for this. >> either way it is coming.

october is what we think now. david asbin, check him out on business. >> another problem with healthcare.gov, the spanish website is not working. launching two months late and not all pages are written in spanish and users say many translations are wrong. the hispanics are a group that is crucial for obama care. what happens if not enough people sign up? a fair and balanced debate is ahead. snks an intense manhunt underway for a serial arsonist. >> and a deal with the iranians. >> and gates claiming when it comes to the military, the president lacked the passion. our military analyst weighs in

and reacts to this. >> it is one thing to tell the troops that you support them, it is another to work at making them believe that you believe as president that they are sacrifices is worth it. okay, listen up! i'm re-workin' the menu.

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a california community on edge after police say a dozen fires were set on purpose. the manhunt growing for a suspected arsonist who police fear is grog boulder by the day. adam houseley has the latest from los angeles. >> reporter: yeah, alisyn. new numbers for you. the san jose department 13 fires since wednesday. of those len are arson and two more suspected to be arson in one area of san jose. one fire they tried to burn down a church and here is a home burning. one resident had to get out

because a jogger ran down the street to get them out. so far, there is no major injuries thankfully but obviously people in the neighborhood are upset about what is taking place. and firefighters are concerned about what they are finding. take a listen. >> this guy is serious. >> we know the arsonist will continue until he is caught. we want to make sure the police get him sooner rather than later. >> there is a $10,000 reward leading to an arrest. this is one surveillance video. they have a number of surveillance videos out there and they believe they see the suspect and they have a sketch as well. they put the sketch out to the community and area. he is a white or latino man 25- 40 and 6 feet tall and 160 or 80 pounds. he wears baggy clothes and large frame glass and very thin. we are talking about 13 fires

ally in near downtown san jose. and 11 confirmed arson and two are suspected to be arson. it is amazing there haven't been more injuries or god forbid, deaths. and now one city councilman wants people to take shifts to keep an eye and catch this character. >> thank you so much, adam. hope the reward brings him in. can iran be trusted? president obama said a nuclear deal with iran is the best bet to keep nukes out of iran's hands. if that is the case, former iran negotiator and author of ticking on iran and, sir, welcome. thank you for your time today. >> thank you. >> the administration is pushing hard back against congress to prevent new sanctions levelled against teheran. what is the logic for the

administration and president not to go forward with more sanctions now? what makes sense there and what is happening? >> secretary kerry's statement today accuses people who support sanctions of politics and i think that that is far from the truth. people who believe in negotiating, still believe that sanctions got us to the table with iran in an effective manner and support sanctions because it is not politic, but pressure, and pressure is needed for diplomacy for a state like iran. >> i understand the logic but why the push back? does it make sense that there is something happening behind the scenes with negotiating with syria or keeping iraq safe or something in afghanistan. does anything make sense to you there? >> i have no idea. what makes sense to me, they tried to isolate the issue of

nuclear progress, and trying to say that everything else has to be put on the side so long as we have even the chance that we will get an agreement with iran. they are disregarding iran and syria, iran with hesbollah, and iran in barain and iran in yemen. and it is wishful thinking and may turn out to be correct but i doubt it. >> come to the u.s. congress, it doesn't matter whether it is republican or democrat. i mean, it is an effort underway in congress to it make sure that sanctions stay where they are or more sanctions are applied. and now you have the president who threatened to veto if that crosses his desk. will we reach that point, do you believe, sir? >> i hope not. i hope that the president reads what comes to his desk.

for him to say he will veto anything related to sanctions is a mistake. he is look at what congress gives him. if congress gives him something reasonable. if iran, found not to complied with the joint statement, the joint agreement or any of its commitments, then following sanctions will be imposed. i think that kind of a law can't be faulted and absolutely the right thing to do. >> i am reading that the senate has 67 vote to override a veto. that is not partisan. >> sanctions against iran is not partisan or politics. it is good diplomacy to impose sanctions and sanctions may not be enough. but at least, the sanctions brought about the diplomacy and this opportunity and effort and it might be squandered because of the position of not imposing

sanctions regardless of what iran does. i think that i hope the president and secretary kerry, look at what congress is thinking about. because if no sanctions are imposed for 60 days or six months, whatever it takes to implement the agreement and sanctions are imposed if no progress is made after six months, that is a bill considered, it seems to me that is a preferly good bill to pass. >> regardless of iran's leadership they shouldn't be trusted? >> they can't be trusted but you negotiate with them. the soviet union couldn't be negotiated but we negotiated with strength and didn't give up the pressures while we negotiated with them. >> a b silpair. thank you for coming in today. >> and there are new revelations from former defense secretary robert gates and revealing how

president george bush felt about the troops and versus president obama. >> and a man dropped cell phone leads to a harrowing search for three different people in a frozen river. >> and wrong airport. the plane that came perilously close to disaster. >> we were lucky indeed considering there was equipment on the runway.

one person dead, one missing and one in the hospital after they wound up in the froze ep chicago river. that ordeal sparking a massive rescue effort today. a man dropped his cell phone on the river walk and fell in the refer trying to get it and a man

and woman tried to help him. all three found themselves in some freezing trouble. >> we were watching. and this way and the friend heard a yell help! and i didn't believe it and we decided to keep sightseeing and he heard it again. and i heard it again, too. and as we got closer we yelled out where are you at? >> one man died in a local hospital. divers and other crews searched for trying to find the missing woman who is presumed dead in chicago. >> a southwest airline's plane lands in the wrong airport. the southwest airport was supposed to arrive in branson missouri but landed in a smaller airport with a shorter runway.

the runway which passengers said led to the straight of an edge of a cliff. >> we knew there was nothing in front. you could tell that from afar. >> it was a normal flight, and a regularly skilled pilot and successful landing in the wrong airport. >> scott brener is a former ffa official. scott, great to have you here. can you explain how it happens? aren't planes equipped with the equipment for the right airport. >> it is amazing the technology if you use it. if you are a pilot or i am flying what they call visual flight rules and you can see the runway and you don't need all of the pesky dials that tell you you are eight miles off. and he came in and said i have the runway in sight and making a sharper left than he is have

continue for the other airport and probably realizes he has only half of the landing area. >> yes, you make a great point. this airport where he landed is called the ta nn y county airport and eight and half miles away from the branson airport. this is an inconvenience for the passengers but potentially have been dangerous because the airport has a runway half of the length of the branson airport. here is a tweet that one passenger sent out in terms of how nerve wracking it was. we have all deplaned from southwest flight, and the mood is somber we realize we were 40 feet from the edge of a cliff. this could have been disastrous. >> absolutely. the airports have enough runway where the pilot is focused with

a touch down zone. but here, you had a situation where that pilot probably realized when he hit the ground he was not in the right airport and had a short amount of time. he probably went to max brakes right away. i am surprised they didn't blow a tire. >> they were shifted forward in the seat and seems like he came in hot i guess to use the industry lingo. and you say he was using visual flight rules. is that what most pilots use? >> if they have clear weather absolutely. you could probably see the airline or fa a saying you need to use all technology you have available. i talked to a former southwest pilot and he told me they are instructed to use navigation devices when they make the

landing. he had technology available but chose not to use it. >> was there someone in the branson tower who realizes saying you are going into the wrong place? >> well, i mean, i i don't know know if there is fault. the pilot will check in ten miles out. i flight whatever and i am coming in and have the airport in sight and landing visual flight rules and the air traffic controller said great and moves on to the next thing. he assumes the pilot sees the airport and will land like any other pilot landed before. >> but when the plane doesn't land, that the be. >> right. >> and scott brener, thank you for your expertise. so we want to know, camerota. >> what is the worst thing an airliner ever did to you? >> send us a tweet at pill

hemmer. >> and we at alisyn camerota. there is a lot to say. >> we are just pondering. >> in texas, this is katy, texas. k- a- t- y. seven lake high school telling our fox houston affiliate a suspicious device found in the school. they are not sure what it is or developing, but they are not taking -- they are taking all precautions necessary to find that out. it is breaking news out of katy, texas and we'll update you in a matter of the moments. our taxpayers headed for a obama care bail out and are you the one going to pay for it? we'll debate that. marco rubio is fighting back on that. >> motown classic gets a major over. we are there. >> and two popular american urbans are not so american anyone. we'll tell you why.

you are a bourbon woman or like after this show? >> exactly at 2 o'clock every day yes.

check of the headline. former freedom prime ariel sharon laid to rest in the ranch in israel. he died on saturday eight years after a stroke left him in a coma. the ban in west virginia on

water lifted in some areas. but for others it may be days to use the tap water for anything other than flushing the toilet. >> an american no more. the japanese company a kwoiring jim bean boush an. it is worth 15 billion. >> can i still call it a manhattan. >> maybe call it a tokyo. >> maybe. >> if obama care doesn't get enough young people to sign up tax mayers may have to bail out the care. >> we have emily campaign center for american progress action fund. good day to both of you. alisyn camerota with the day's first question. >> emily, what do you think?

is there any way to see a bail out if the economics of obama care for insurance companies doesn't work? >> look, this is a shock absorber built in and any way to go in affect if there is not the numbers of healthy people. but it is on track. if we look at the numbers compared to massachusetts which is the test, we are ahead of enrollment on young and healthy. >> according to a router analysis of seven states, they found only 22 percent of enrollees are 18- 34 years old and the administration needs 38 percent of enrollees to be in that magic sweet spot and according to routers, the number is lower than the administration hoped and the math will not work? >> we haven't seen the administration's number. and i think we will see them this week. but what we have seen in the states that relayed numbers 25

percent and a third of young people the healthy is what we need to diversify the risk pole. we'll see the numbers come in. and of the people who visited the marketplace that is 45 percent of young people of that pool, 78 percent is in good or excellent health. >> i did not hear you deny there was a bail out coming. if that is the case, lares. you want to make a law more unpopular let people know about this? >> think about this. it is a trillion dollars from the taxpayers to the health industry. and emily with all due respect people who are likely to sign up for obama care if they are young have medical problems already. if you say i am generally healthy but i have problems. they are costly cases. and if you talk about it being a shock absorber and the

american public is the piston in the shock that takes the losses and no wonder the insurance industry is . if they write good policies and lose money, taxpayers eat 80 percent. and it is a rip off. >> that medicine will not be swallowed easily. >> i know you are saying emily, that fingers crossed things are going in the right trend, but can you imagine a bail out? >> it is a reinsurance and this happens across the board. it was reinsurance with medicare. it is shared by the insurance industry and businesses. if they hit half of the numbers and half of the young people's numbers, they are expecting a small increase in premiums. so it is a key piece of the law to keep the insurance there. they repeal! >> i smell a revolt if that is

happening. >> i think you are right about that, bill. thanks. >> la res. thafshg you and emily we'll talk again. >> thanks for having me. one of the biggest names in sports could spend 2014 at home. >> alex rodriguez continues to deny using drugs while playing for the new york yankee and his attorneys are asking the judge to reverse the decision made by a arbitrator under the collective bargaining agreement. there appears to be evidence against rodriguez. bosh said a-rod knew what he was doing and if you are watching 60 minutes, he gave blood samples and took blood samples to help him pete drug test. he met him in a men's room inside of a popular miami hotel.

>> we ended up drawing the blood in the bathroom of one restaurant/bar/club in the bathroom stall at 8 o'clock p.m. >> with the crowd there. >> people coming in and out of the men's room and you are in a stall with alex rodriguez drawing his blood? >> yes. as crazy as that sounds. what were you thinking? >> i am not getting paid enough. >> bosh said a-rod's associates said they would pay him to leave the country and indirectly threatened his life. and rodriguez said it is a vendetta against him. they say the slugger has no credibility. >> he wants to sue to prove he is innocent and he goes on radio and all over the place saying he didn't do this and it is it a witch hunt, yet he will not answer questions under oath.

>> this season's salary suspension will be 24 million. he believes that he will play again to collect his lucrative yankee contract. >> a possible game changer. ford motor company remaking the best seller. chief operating officer mark fields gave a exclusive look at brand new f- 150. >> if it doesn't look different to you, look closer. 95 percent of the body on the ford-f- 50 is made from aluminum. >> it is absolutely. >> what is the advantage to using this as opposed to steel. >> there is a number of advantages. it is light weight and benefits of light weight from a consumer stand point, they will get better fuel economy that is important.

also this aluminum is more dent and ding resistance. >> that make its sen hundred pounds lawsuit lighter. >> it is the toughest and smartest and most capable fseries produced. >> engineers started to work on this four years ago using product vis yilation and immersing themselves in a video. the weather control lab takes it a step further. >> forecasting how the vehicle will react in the harshest of climbets. >> we test in all environmental conditions from minus 40 degrees up to 131 degrees up. >> that testing combined with new features like cameras and give the driver a 360 degrees view. side mirrors with led lighting and remote tail gate. >> your hands are full of power tools, this is a remote tail gate release and you hit it

twice and it is stamped and the tail gate comes down nice. >> but for ford, will consumers buy into it. >> the customer will be able to tow more and haul more and accelerate faster. >> for a company on its back eight years ago and restructured the operations and avoided bankruptcy and a need for a tax funded bail out, there is a lot riding on the investment. >> throughout the midwest you have suppliers depending on your success. that is a reflection of the overall economy. from that perspective how much of a rick is sitting behind you in this idea? >> we are building tlep years of leadership and feel confident that this vehicle will deliver that built ford tough expectations that customers have. >> and we don't know miles per gallon.

>> so is aluminum as safe? >> what the company will tell you? it has a steel frame and the spine of the car is made of steel. and boeing 787 dream liner is made of the same material as aluminum alloy has a lot riding on it. >> two big retailers targeted bihacers and now upgrading credit card security so you don't have to second guess when you swipe. >> bob gates said president obama's words did not match his actions. listen. >> as i write in the book, it was an absence of passion, this absence of a conviction of the importance of success that disturbed me. sneezes, coughs ] i'veot a big date, but my sinuses are acting up. it's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms

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the real story with gretchen carlson. >> if you thought the obama care website was i mess, there is

a bigger problem. many people who think they signed up can't prove they are not enrolled. no payments or insurance cards sent to them. plus remember the lady that sued mcdonald for serving coffee too hot? it happen again. does hiring a 're an attractive ceo boost stock prices. new locks she looks do sale. that is the at the top of the hour. see you guys. >> thank you, gretchen. it is one thing to tell the troops that you support them. it is another to, to work at making them believe that you believe as president that their sacrifice is worth that. president bush did that with the troops when i was secretary. i did not see president obama do that and i write in the book, it

was the absence of passion, this absence of a conviction of the importance of success that disturbed me. that former secretary of defense robert gates hitting president obama on his commitment to america's war effort. captain chuck nash is a retired knave captain and fox military analyst. captain nash, what do you make of secretary gates' revelation when it came to military issues rather than don't ask, don't tell president obama lacked passion? >> i think secretary gates faithfully executed the duties of his office and now he is free of those obligations to stifle his first amendment rights, because he is a member of the organization, he's free to express that. he's providing us a lens so that we can judge and see in context

when we view the president and how he acts, we can make a better assessment looking through that lens. and so as far as the exact point of the connection to the troops, if you are the commander in chief, you are the ultimate authority in sending young men and women out in harm's way, and they have to believe. and they mouft believe as their loved ones at home and the american taxpayers must believe that there is faith and an end game that best suits the united states and if you can't call it victory, our national interest? who in the future if you break the trust will step up to defend the nation. >> is it any surprise. these are wars that president obama inherited from the previous administration. is it a surprise he lacked a passion for them?

>> if you take on the mantel of commander in chief, you don't have a choice as to whether you want that or not, that is part of the job and one could say the most important part of the job. >> very gates does write in the book that he believes the president does care about the troops and in the first two years on national security, at least, the two men saw eye to eye. so there's a lot of revelations coming out in this book, and obviously we will continue to try to analyze them. thanks so much for being here and for your service. >> my pleasure. thank you. >> shoppers on edge. the security breach of your information was much bigger than we first thought. what you need to know, next. >> kind of makes you wonder if you should be paying all cash. >> i think they should have better service protection for their customers. >> breaches like that are going to happen. the only thing they can do is react positively to it and make sure their customers are being taken care of. life with crohn's disease or ulcerative colitis

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at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage 0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible.

welcome to what's next. comcastnbcuniversal. a massive data breach of stores like target. some are wondering how can stores protect shoppers' data? elizabeth is here on that. how do you do it? >> good to be with you, bill. here's what's going on. the national retail federation says retailers now ought to upgrade their customers to higher security credit cards that would store customer information on computer chips as niemann marcus now says it was hacked and target admittedly friday that 70 million customer accounts appear to have been breached. these new credit cards could cost the retail industry a lot of money. and law enforcement is focusing on eastern europe as the potential source of the holiday hack, but it still is not clear whether these so-called, quote, computer chip credit cards, would have stopped the cyber

attack. however, law enforcement do tell fox business that the end game here is bank fraud. those computer chip credit cards do provide an extra layer of security. now potentially three more retailers may have been hit starting at thanksgiving. that's what law enforcement is warning. but we still do not know the names of those retailers just yet. we'll bring you those breaking news and developments here as they come in. back to you. sure, right? >> target for sure. >> and nieman marcus. >> yes. and last july jcpenney was hit by a massive credit card hack that emanated out of eastern europe. that's why the focus is there. >> we got to get it right, right? >> that's right, bill. >> thanks. well, pilots land a passenger plane at the wrong airport with a dangerously short runway. so what's the worst thing an airline has done to you? >> good question. still more time to get in your best tweets. we say your best tweets. >> and most creative.

but they have to be real. >> could you tell that story in 140 characters or less? >> oh, i have a lot of material. >> look at you. emily's just starting out... and on a budget. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. see how much you could save with allstate. are you in good hands? smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat too, and has five grams of sugars. i'll believe it when i -- [ both ] oooooh... what's shakin'? oops.

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we're waiting on this plane to take off in missouri. it was at the wrong airport. >> right. it's a 737. it's going to have maybe -- well, hopefully no trouble whatsoever, even though it's a much shorter runway. >> next time take a truck. we asked you, what's the worst thing an airline has done to you? boy, did you answer. >> keith mcdonald, an avid viewer, says, i was in montreal 6:00 a.m. and had to be at my best friend's wedding but i was bumped. missed all but the last hour of his reception. >> mike says, my bags were run over by a tug. took over a year and many calls to be reimbursed.

>> kathy tweets, u.s. airways canceled spouse's flight and put him on a bus. thanks so much for watching us. >> here's gretchen on "the real story." see you tomorrow. >> thanks very much. today, did the president overreach? supreme court justices deciding that right now. will the court rule for a firm challenging president obama's labor board pick, signaling he may have abused his power? plug, double whammy for chris christie. now the feds are investigating whether the governor used millions of dollars of aid for superstorm sandy in it the right way. and mcdonald's burned again for serving coffee some say is just too hot. hi, everyone. i'm gretchen carlson. welcome today to "the real story." we start with the latest on obamacare and this question for